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Robert M. Czech, Chairperson
Robert E. Brenner
Thomas J. Perna
June 6, 2012
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A regular meeting of the Civil Service Commission was held on Wednesday, June 6, 2012, in Trenton, New Jersey.
PRESENT: Robert M. Czech, Chairperson, Members Robert E. Brenner and Thomas J. Perna; Pamela Ullman, Deputy Attorney General; Henry Maurer, Director, Division of Merit System Practices and Labor Relations.
In accordance with L.1975, c.231, the Secretary to the Civil Service Commission opened the meeting with the following statement:
Notice of this meeting was filed with the Secretary of State and sent to the Trentonian, Trenton Times, Courier-Post and Star Ledger on November 28, 2011, and posted at the Civil Service Commission, 3 Station Plaza, Trenton, New Jersey.
All actions were by unanimous vote unless otherwise specified.
SECTION A - HEARING MATTERS
A-1 SETTLEMENTS
In the Matter of Solomon Agyemang
New Lisbon Developmental Center
Department of Human Services
Suspension
In the Matter of Keith Alexander
Ancora Psychiatric Hospital
Department of Human Services
Removals (3)
In the Matter of Vital Alexandre
Newark School District
Removal and resignation not in good standing
In the Matter of Terence Bellinger
Bayside State Prison
Department of Corrections
SLI
In the Matter of Vilma Collier
Vineland Developmental Center
Department of Human Services
Removal
In the Matter of Anthony Cooks
Camden County
Department of Health Services
Suspension
In the Matter of Rashanna Harper
Vineland Developmental Center
Department of Human Services
Return to permanent held title at the end of the working test period
In the Matter of Rajonta Hodges
Mercer County Board of Social Services
Return to permanent held title at the end of the working test period
In the Matter of Michael Jackson
Essex County
Department of Citizen Services
Release at the end of the working test period
In the Matter of Richard McGowan
East Orange
Police Department
Suspension
In the Matter of Isabella Yessenia Montalvo
City of Newark
Police Department
Removal
In the Matter of John Mulholland
Borough of Ringwood
Department of Public Works
Suspension
In the Matter of Isabella Kelly-Prince
Vineland School District
Resignation not in good standing
In the Matter of Sherrell Vinson
Vineland Developmental Center
Department of Human Services
Removal
In the Matter of Takiela Smith
Ann Klein Forensic Center
Department of Human Services
Removal
RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVE CASES - SETTLEMENTS
ACTION: The Civil Service Commission acknowledged the settlements.
A-2 DALE ARCHIE
Dale Archie, Laborer, Atlantic City Municipal Utilities Authority, seven working day suspension on charges of insubordination and other sufficient cause.
Recommendation of the Administrative Law Judge - Reverse the seven working day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-3 GARY LANGLEY (CONSOLIDATION)
Gary Langley, Senior Water Treatment Plant Operator, Atlantic City Municipal Utilities Authority, 10 working day and 30 working day suspension on charges of chronic or excessive absenteeism or lateness, neglect of duty and other sufficient cause.
Recommendation of the Administrative Law Judge - Uphold the 10-day suspension and modify the 30-day suspension to a 60-day suspension.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-4 KAMAL ABDELALL
Kamal Abdelall, Laborer 1, Bayonne Housing Authority, removal effective August 5, 2011, on the charge of inability to perform duties.
Recommendation of the Administrative Law Judge - Modify the removal to a resignation in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-5 ROBIN FOSTER
Robin Foster, Human Services Technician, Greystone Park Psychiatric Hospital, Department of Human Services, removal effective November 3, 2010, on charges of chronic and excessive absenteeism from work without pay.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-6 DAVID HARDIN (CONSOLIDATION)
David Hardin, Police Captain, West Milford, Police Department, six-day suspension, two 30-day suspensions and removal effective August 8, 2008, on charges of conduct unbecoming a public employee, insubordination, neglect of duty and other sufficient cause, inability to perform duties, incompetency, inefficiency and failure to perform duties.
Recommendation of the Administrative Law Judge - Modify the six-day suspension to a four-day suspension, modify the first 30-day suspension to a 15-day suspension, and uphold the second 30-day suspension and the removal.
ACTION: The Civil Service Commission modified the recommendation of the Administrative Law Judge and modified the six-day suspension to a four-day suspension and upheld the two 30-day suspensions and removal.
A-7 STEVEN PASHAL (CONSOLIDATION)
Steven Pashal, Senior Correction Officer, Mountainview Youth Correctional Facility, Department of Corrections, removal effective August 11, 2011 and resignation not in good standing effective August 12, 2011, on charges of chronic or excessive absenteeism and abandonment of job as a result of absence from work as scheduled without permission for five consecutive work days.
Recommendation of the Administrative Law Judge - Uphold the removal and the resignation not in good standing.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
A-8 RAHMEENAH SALAAM
Rahmeenah Salaam, Senior Correction Officer, Northern State Prison, Department of Corrections, removal effective December 8, 2010, on charges of conduct unbecoming a public employee, neglect of duty, other sufficient cause, falsification, and violation of a rule, regulation, policy, procedure, order, or administrative decision.
Recommendation of the Administrative Law Judge - Uphold the removal.
ACTION: The Civil Service Commission affirmed the recommendation of the Administrative Law Judge.
SECTION B - MISCELLANEOUS MATTERS
B- 1 The Division of State and Local Operations requests the elimination or designation as archaic various State government titles within Occupational Group 12 (Information Processing Systems Occupations).
ACTION: The Civil Service Commission directed that this request be granted.
B- 2 The Department of Community Affairs requests the inactivation of the Assistant Chief Neighborhood Preservation and Demonstration Programs title.
ACTION: The Civil Service Commission directed that this request be granted.
B-3 The Division of State and Local Operations requests the consolidation of several local government typing variant titles.
ACTION: The Civil Service Commission directed that this request be granted.
B-4 The Division of State and Local Operations requests the reactivation of the title Supervisor of Bridge Operations.
ACTION: The Civil Service Commission directed that this request be granted.
B-5 DAVID A. MOS
David A. Mos, a Police Officer with the City of Newark, represented by Matthew D. Areman, Esq., petitions the Civil Service Commission for enforcement of the Merit System Board decision rendered on January 26, 2005.
ACTION: The Civil Service Commission directed that this request be dismissed for the Commission's lack of jurisdiction.
B-6 MICHAEL PRINS
Michael Prins, represented by James D. Addis, Esq., seeks resolution of a dispute concerning back pay arising from the decision In the Matter of Michael Prins (CSC, decided April 6, 2011), which reversed his removal as a County Correction Sergeant with Hudson County.
ACTION: The Civil Service Commission granted Michael Prins $54,197.98 in back pay.
B-7 PRESTON WILLIAMS
Preston Williams, a Senior Correction Officer, Juvenile Justice, with the Juvenile Justice Commission, represented by Daniel K. Snyder, Esq., seeks Civil Service Commission resolution of a dispute concerning the amount of back pay due to him during the period of his indefinite suspension.
ACTION: The Civil Service Commission awarded $21,409.21 in back pay.
B-8 FREDERICK ROLL
Frederick Roll, a County Correction Officer with Hunterdon County, represented by Anthony J. Fusco, Jr., Esq., petitions the Civil Service Commission for interim relief of his removal effective February 16, 2012.
ACTION: The Civil Service Commission directed that this request be denied.
B-9 TEACHER AND TEACHER, JUVENILE FACILITIES
The International Brotherhood of Teamsters, Local 102, represented by Susan J. Cameron, Esq., requests interim relief from the Civil Service Commission regarding the layoff of employees in the titles of Teacher and Teacher, Juvenile Facilities, with Union County.
ACTION: The Civil Service Commission directed that this request be denied.
B-10 PAUL SERDIUK
Paul Serdiuk, a former Personnel Assistant 2, appeals an official written reprimand issued by the Department of Military and Veterans Affairs.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-11 MICHAEL ANDRADE, ET AL.
Michael Andrade, represented by Jennifer Pisano, Esq., Antoine Anderson, and Damian Sorrentino appeal the determinations that their names were not added to the list for Fire Fighter (M2505M), Bloomfield.
ACTION: The Civil Service Commission directed that the appeal of Antoine Anderson be granted and his name be added to the Fire Fighter (M2505M), Bloomfield eligible list. The Civil Service Commission directed that the appeals of Michael Andrade and Damian Sorrentino be denied.
B-12 GEORGE HEAGELE AND JASON BERGSTROM
George Heagele, represented by Rachel Caruso, Esq., and Jason Bergstrom, appeal the bypass of their names on the Fire Captain (PM5063M), Hamilton Fire District, #7, eligible list.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-13 JOSEPHINE HINSON
Josephine Hinson, a Human Services Specialist 3 with Camden County Board of Social Services, appeals the bypass of her name on a certification of the Human Services Specialist 4 (PC0784K), Camden County Board of Social Services, eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-14 JESSE SUTTOR
Jesse Suttor, represented by Daniel J. Zirrith, Esq., appeals the determination of the Division of State and Local Operations, which upheld the bypass of his name on the certification of the County Correction Officer (S9999K), Passaic County, eligible list.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-15 ELISEO MEDRANO, ET AL.
The City of Passaic, on behalf of Eliseo Medrano, Hisham Sheikh, and Lisandro Rosario, requests that they be permitted to participate in the intergovernmental transfer program and to complete the remainder of their working test periods as Police Officers with Passaic.
ACTION: The Civil Service Commission directed that this request be granted.
B-16 JOHNATHAN SEIDEL
The City of Millville requests relaxation of N.J.A.C. 4A:4-7.1A(c) so as to permit the intergovernmental transfer of Johnathan Seidel from the title of Sheriff's Officer, Salem County Sheriff's Office, to the title of Police Officer, Millville.
ACTION: The Civil Service Commission directed that this request be granted.
B-17 LAKIA TORRES AND JOSE YUNQUE
The Middlesex County Sheriff's Office, on behalf of Lakia Torres and Jose Yunque, requests that they be permitted to participate in the intergovernmental transfer program and to complete the remainder of their working test periods as Sheriff's Officers with the Sheriff's Office.
ACTION: The Civil Service Commission directed that this request be granted.
B-18 HARRY CREO
Harry Creo, represented by William D. Sayers, Esq., appeals the determination by the Division of State and Local Operations which found that the appointing authority had presented a sufficient basis to remove his name from the County Correction Officer (S9999H), Essex County eligible list due to falsification of his pre-employment application.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-19 ADRIAN LALLJEE
Adrian Lalljee appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list on the basis of falsification of his employment application.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-20 ISCHYROS PARFAIT
Ischyros Parfait appeals the decision of the Division of State and Local Operations which upheld the removal of his name from the Correction Officer Recruit (S9999K), Department of Corrections, eligible list due to his unsatisfactory driving record.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-21 SELINA ALLEN, ET AL.
Selina Allen, Jennifer Bak, Kimberlee Doyle-Maloney, Andrea Lewis, and Jeannae Suiter appeal the decisions of the Division of State and Local Operations that the proper classifications of their positions with the Department of Children and Families are Residential Services Specialist 1 or Residential Services Specialist 2. The appellants seek Administrative Analyst 1 or Administrative Analyst 2 classifications.
ACTION: The Civil Service Commission directed that these appeals be denied, but the appellants' Position Classification Questionnaires be forwarded to the Division of Classification and Personnel Management for expedited review.
B-22 TAMMY HANAK
Tammy Hanak appeals the determination of the Division of State and Local Operations that her position with the Department of the Treasury is properly classified as Principal Audit Account Clerk.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-23 SUZAN MCMANUS
Suzan McManus appeals the decision of the Division of State and Local Operations that the proper classification of her position with Warren County is Clerk 2. The appellant seeks Human Services Specialist 1 or Income Maintenance Technician classification.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-24 THOMAS ZABRISKIE
The Township of Vernon requests that the eligible list for Police Sergeant (PM2617J) be revived in order to appoint Thomas Zabriskie effective December 27, 2011.
ACTION: The Civil Service Commission directed that this request be granted.
B-25 GEORGE JOHNSON
The Superior Officers Association of PBA Local 122, represented by James Katz, Esq., appeals the decision of the Division of State and Local Operations which concluded that Deptford Township's temporary appointment of George Johnson to a Police Lieutenant position even though there was an existing eligible list of four names, did not violate N.J.A.C. 4A:4-1.7.
ACTION: The Civil Service Commission directed that this appeal be granted and the matter be referred for a classification review.
B-26 ACCOUNT CLERK (C2121N), BURLINGTON COUNTY
Burlington County requests permission not to make an appointment from the December 7, 2011 certification for Account Clerk (C2121N).
ACTION: The Civil Service Commission granted an appointment waiver and assessed partial selection costs in the amount of $1,024.
B-27 CLERK DRIVER (C0304M), HUDSON COUNTY
The Division of State and Local Operations petitions the Civil Service Commission for enforcement of the decision rendered on October 19, 2011, wherein the Commission ordered that the appointing authority properly dispose of the January 28, 2011 certification (OL110077) of the eligible list for Clerk Driver (C0304M).
ACTION: The Civil Service Commission ordered the appointing authority to comply with the Commission's previous order to properly dispose of the certification and fined the appointing authority $10,000 for compliance costs.
B-28 DEPARTMENT OF THE TREASURY, TRAINEE TITLES
The Director, Division of State and Local Operations, requests the reallocation of the titles of Auditor Taxation Trainee, Investigator Trainee Taxation, Investigator Trainee Taxation, Bilingual in Spanish and English, and Tax Representative Trainee to the noncompetitive division of the career service on an interim basis.
ACTION: The Civil Service Commission directed that this request be granted.
B-29 PARKING ENFORCEMENT OFFICER (M0618K), UNION TOWNSHIP
The Division of State and Local Operations petitions the Civil Service Commission for enforcement of the decision rendered on October 19, 2011, wherein the Commission ordered that the appointing authority properly dispose of the August 3, 2009 certification (OL090997) of the eligible list for Parking Enforcement Officer (M0618K).
ACTION: The Civil Service Commission granted an appointment waiver and assessed $2,048 in selection costs. Further, the Commission ordered the appointing authority to pay a fine of $1,000 for non compliance in this matter and remit prior compliance costs in the amount of $500.
B-30 ROAD REPAIRER 1 (C2390N), BERGEN COUNTY
Bergen County requests permission not to make an appointment from the January 27, 2012 certification for Road Repairer 1 (C2390N).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $1,024.
B-31 SENIOR ENGINEER (C0207N), MERCER COUNTY
Mercer County requests permission not to make an appointment from the August 9, 2011 certification for Senior Engineer (C0207N).
ACTION: The Civil Service Commission granted an appointment waiver and assessed selection costs in the amount of $2,048.
B-32 ALFONSINA COMUNE
Alfonsina Comune, a former Executive Assistant 1 with the Office of Information Technology, represented by Joseph R. Lang, Esq., appeals the determination of the Director, Governor's Office of Employee Relations, which found that the appellant failed to support a finding that she had been subjected to a violation of the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied but the appellant receive differential back pay to reflect that she should have earned an annual salary of $104,170.95 from April 1, 2006 to December 23, 2006.
B-33 ESTHER WILLIAMS
Esther Williams, a Supervisor of Nursing Services at Trenton Psychiatric Hospital, Department of Human Services, appeals the determination of the Assistant Commissioner, which found sufficient evidence that the appellant had violated the New Jersey State Policy Prohibiting Discrimination in the Workplace.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-34 JEOMAR ALICEA
The appeal of Jeomar Alicea, a Senior Correction Officer at the Albert C. Wagner Youth Correctional Facility, Department of Corrections, of his 30 working day suspension, on charges, was heard by Administrative Law Judge (ALJ) Tiffany M. Williams, who rendered her initial decision on April 12, 2012. At its meeting on May 16, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to modify the 30 working day to a three day suspension. Rather, the Commission imposed a 10 working day suspension. The proposed decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the decision.
B-35 DERRICK MCNAIR
The appeal of Derrick McNair, a Hospital Attendant with the Hudson County Department of Health and Human Services, of his removal, effective February 3, 2012, on charges, was heard by Administrative Law Judge (ALJ) JoAnn Lasala Candido, who rendered her initial decision on April 3, 2012. At its meeting on May 16, 2012, the Civil Service Commission did not adopt the ALJ's recommendation to modify the removal to a six-month suspension. Rather, the Commission upheld the removal. The proposed final decision is now submitted for the Commission's review.
ACTION: The Civil Service Commission adopted the final decision.
VOTE: Robert M. Czech (Yes)
Robert E. Brenner (No)
Thomas J. Perna (Yes)
B-36 SHARON HACKWORTH
Sharon Hackworth, represented by Robert O. Yaeger, Principal Staff Representative, CWA Local 1040, petitions the Civil Service Commission for reconsideration of the final decision, rendered on December 21, 2011, which found that her position with the Department of Human Services position was properly classified as an Audit Account Clerk (Typing).
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-37 NICHOLAS MANLA
The Department of Human Services, represented by Brandon Hawkins, Deputy Attorney General, petitions the Civil Service Commission for reconsideration of the final decision, rendered on January 11, 2012, which modified the removal of Nicholas Manla, a Cottage Training Technician, to a 20 working day suspension.
ACTION: The Civil Service Commission directed that the request for reconsideration be denied.
B-38 LYNN BRZOZOWSKI
Lynn Brzozowski appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Management Assistant (PM0252N), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-39 KYLE DODIG
Kyle Dodig appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Management Assistant (PC0776N), Monmouth County.
ACTION: The Civil Service Commission directed that this appeal be granted.
VOTE: Robert M. Czech (Abstained)
Robert E. Brenner (Yes)
Thomas J. Perna (Yes)
B-40 RACHELLE FARESE
Rachelle Farese appeals the determination of the Division of Selection Services that she did not meet the experience requirements for the promotional examination for Senior Program Development Specialist, Community Service (PC1077N), Morris County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-41 FRANK HOFFMAN
Frank Hoffman appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for General Supervisor, Public Works (PM0717N), Perth Amboy.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-42 CARLOS ORTIZ, ET AL.
Carlos Ortiz, Lee Castro and Randal Padula appeal the scope of eligibility for the promotional examination for Lieutenant Campus Police (PS9978J), Montclair State University.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-43 ASA PARIS
Asa Paris appeals the determination of the Division of Selection Services which found that he was ineligible for the promotional examination for County Correction Lieutenant (PC2655K), Mercer County.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-44 WILLIAM PIEDRA
William Piedra appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Project Manager Transportation (PS5800T), Department of Transportation.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-45 ANTHONY PRAGLIOLA
Anthony Pragliola appeals the determination of the Division of Selection Services that he did not meet the experience requirements for the promotional examination for Heating System Specialist (PC0726N), Mercer County.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-46 RAFIK TAWFIK
Rafik Tawfik appeals the determination of the Division of Selection Services which found that he was below the minimum requirements in experience for the promotional examination for Administrative Analyst (PM0303N), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-47 RENEE WALKER
Renee Walker appeals the determination of the Division of Selection Services which found that, per the substitution clause for education, she was below the minimum requirements in experience for the promotional examination for Administrative Analyst (PM0303N), Jersey City School District.
ACTION: The Civil Service Commission directed that this appeal be granted.
B-48 DAVID JOBES
David Jobes appeals the administration of the written and oral portions of the promotional examination for Fire Captain (PM5243N), Trenton.
ACTION: The Civil Service Commission directed that these appeals be denied.
B-49 MICHAEL ROSS
Michael Ross appeals the test administration of the examination for Fire Lieutenant (PM5189N), New Brunswick.
ACTION: The Civil Service Commission directed that this appeal be denied.
B-50 CARLA OSORIO
Carla Osorio requests that she be provided with a retest of the Entry Level Law Enforcement Examination (S9999M).
ACTION: The Civil Service Commission directed that this request be denied.
B-51 SALARY REGULATIONS: FY 2012, SUPPLEMENT 3
Submitted for the Civil Service Commission's review are the Salary Regulations for Fiscal Year 2012, Supplement 3. The Salary Regulations pertain to rates of pay and minimum requirements for seasonal lifeguards. The Salary Regulations have been approved by Robert M. Czech, Chair/CEO, Civil Service Commission, and Charlene M. Holzbaur, Director, Office of Management and Budget. It is recommended that the Commission record these Salary Regulations.
ACTION: The Civil Service Commission recorded these salary regulations.
B-52 CIVIL SERVICE COMMISSION MINUTES
Submitted for adoption are the Civil Service Commission minutes of its meeting of May 16, 2012.
ACTION: The Civil Service Commission adopted the minutes of its meeting of May 16, 2012.
B-53 EARLY SETTLEMENTS
In the Matter of Joseph Doolin
Department of Transportation
Suspension
In the Matter of Tonia Johnson
Woodbridge Developmental Center
Department of Human Services
Suspension
ACTION: The Civil Service Commission acknowledged the settlements.
B-54 LAWRENCE REYNOLDS
Lawrence Reynolds, a Police Officer with the Township of Irvington Police Department, represented by Anthony J. Pope, Esq., petitions the Civil Service Commission for a stay and interim relief of his removal, effective May 8, 2012, pending the outcome of his hearing at the Office of Administrative Law.
ACTION: The Civil Service Commission directed that this request be denied.
B-55 JOSEPH COLETTA
Joseph Coletta appeals the decision of the Division of Selection Services which found that he lacked the required amount of permanent status in a title to which the examination was open for Deputy Fire Chief (PM1252N), Bloomfield.
ACTION: The Civil Service Commission directed that this appeal be granted.
There being no further business before the Civil Service Commission, the meeting was adjourned to convene on Wednesday, June 20, 2012, at 10:00 a.m., at 3 Station Plaza, Trenton, New Jersey.
